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(영문) 부산지방법원 2018.02.13 2016가단349262
대여금
Text

1. The defendant shall pay to the plaintiff KRW 67,600,000 and KRW 50,000 among them, from November 4, 2016 to the day of full payment.

Reasons

Basic Facts

On June 23, 2011, the defendant drawn up a loan certificate with the following contents on the plaintiff.

The amount of a loan certificate : Doz. 40,000,000 of daily gold, b. - The following-

1. Interest on loan: 600,000 won per month; and

2. Date of payment of interest: To be paid on the 19th day of each month;

The Defendant Company C paid each of the Plaintiff KRW 600,00,000 on August 18, 201, KRW 600,000 on September 19, 201, and KRW 600,00 on October 19, 201.

On October 28, 2011, the Defendant prepared a loan certificate (hereinafter “the loan certificate of this case”) with the following content on the Plaintiff, and the Plaintiff transferred KRW 50,000,000 to the Defendant’s account on the same day.

The amount of loan certificate : Doz. 50,000,000 for the first time, the sum of the above amounts shall be borrowed as follows:

1. Interest on loan: 400,000 won per month; and

2. Date of payment of interest: To be paid on the 19th day of each month;

The Defendant Company C paid the Plaintiff KRW 900,000,000 on November 18, 201, and paid KRW 1,000,000 each month from December 201 to May 2013.

The defendant's statement of short-term loans as of December 31, 2013 includes a short-term loan of KRW 90,000,000, which is the creditor, and the defendant paid KRW 1,000,000 per month to the plaintiff on the account ledger in December 31, 2013.

[Grounds for recognition] According to the facts without dispute, Gap's statements in Gap's 1 through 5, 7 through 9 (including provisional number), and the purport of the whole pleadings as to the above facts finding, the defendant shall pay the plaintiff 67,60,000 won [=interest of 50,000,000 won for overdue interest of 17,60,000 won for overdue interest of 17,60,000 won for overdue interest of 17,60,000 won (=44 months from June 20, 2013 to February 19, 2017 x 50,000 won)] among loans, and 50,00,000 won for 40,000 won from November 4, 2016 following the day of delivery of a copy of the complaint of this case to the day of complete payment, the above damages for delay shall be calculated by 15% per annum 17,600,60.

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